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Home My WebLink About934 08-11-1987ORDINANCE NO. 934 AN ORDINANCE AMENDING ARTICLE II, SECTIONS 7 -25, 7 -27, 7 -28 AND 7 -29 OF CHAPTER 7 OF THE EULESS CODE OF ORDINANCES ENTITLED "GRASS AND WEEDS ", BY REPEALING AND REPLACING THOSE SECTIONS IN THEIR ENTIRETY, AND BY THE ADDITION OF A NEW SECTION 7 -31 THERETO; ESTABLISHING REGULATIONS FOR GRASS, WEEDS, AND UNCULTIVATED PLANTS; PROVIDING FOR THE CUTTING AND REMOVAL OF GRASS, WEEDS AND UNCULTIVATED PLANTS BY THE CITY OF EULESS WITH COST INCURRED TO CONSTITUTE A LIEN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VILOLATION; AND DECLARING AN EFFECTIVE DATE, WHEREAS, the uncontrolled growth of grass, weeds and other uncultivated plants are deemed a nuisance by being a health hazard, fire hazard, traffic hazard and contrary to the general health, safety and welfare of the citizens of the City of Euless; and WHEREAS, current weed and grass controls do not provide adequate protection and do not provide adequate ability for the City to recoup costs incurred for abatement of the nuisance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I That Sections 7 -25, 7 -27, 7 -28, and 7 -29 of Article II, of Chapter 7 of the Euless Code of Ordinances, also known as the "Weed & Grass" Ordinance be repealed and replaced in their entirety with the following Code sections, and that a new Section 7 -31 be added thereto as follows: Sec. 7 -25. "Person" defined. The term "person" as to include any individual association or corporation. Sec. 7 -27. Maximum height used herein shall be held person, firm, partnership, It shall be unlawful for any person owning, claiming, occupying or having supervision or control of any real property within the corporate limits of Euless, Texas, to suffer or permit grass, weeds or other plants, except as herein provided, to grow to a height greater than twelve inches (12 ") upon any real property within fifty feet (50') of any property line, residence, barn, building or other structure within the city limits, including that area between the property line and the curb or, if there is no curb, then from the property line to the traveled portion of the street or to a height greater than twenty -four inches (24 ") upon any other real property in the city, except for: a. Pasture land used for grazing of livestock; and b. The growing of agricultural crops under cultivation, inclusive of trees, shrubs, flowers or other decorative or ornamental plants. It shall be the duty of such person to keep such property free and clear of all such weeds, brush, grass and other unsafe vegetation referred to above. All such weeds, brush, grass and other unsafe vegetation which exceeds the height prescribed above shall be presumed to be a public nuisance. Section 7 -28. Failure to comply; notification; abatement of nuisance by city. (a) In the event that any person owning, claiming occupying or having supervision or control of any real property fails to comply with the provisions of this article, the city shall notify such person of his failure to comply. If the person's address is unlisted, then reasonable effort shall be taken to inform the violating persons of their responsibilities under this ordinance by utilizing current city water billing records, recent zoning and platting application records or real estate signs that may be present on the properties. Such notice shall be sent to the person at his post office address by certified mail, return receipt requested. If the person's address is unknown or if notification may not be obtained by letter, then notice shall be given by publication in any two (2) issues within ten (10) consecutive days in any daily, weekly, or semi - weekly newspaper in the city. b) If such person fails or refuses to comply with the provisions of this article within ten (10) days GRASS AND WEED ORDINANCE N0. 934 Page 2 after date of notification by letter or date of second publication of notice in the newspaper, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article. Such work may consist of preparing said property so that it can reasonably be mowed, the mowing of the property, and the removal of cuttings and other debris attributed to the mowing and preparation of the property. After initiating such work, the city may charge against the person having control of the land an administrative fee. Sec. 7 -29 Collection of abatement cost; administrative fee The expense incurred pursuant to this article in correcting the condition of such property, and the cost of publication of notice in the newspaper shall be paid by the city and charged to the owner of such property, who shall in addition pay a $75.00 administrative fee. In the event the owner fails or refuses to pay such expense within thirty (30) days after the first day of the month following the month in which the work was done, the city shall file with the county clerk of Tarrant County a statement, signed by the mayor, of the amount so expended. Such amount shall bear interest at the rate of ten percent (10 %) from the date the city incurs the expense and shall become a privileged lien against the real property, second only to tax liens and liens for street improvements. For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in such work, improvement or correction of the property, all more particularly specified in Article 4436, Vernon's Annotated Texas Civil Statutes, which is hereby adopted by reference. Sec. 7 -31 Compliance required. Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of this Article shall be satisfied. In addition, the property will be inspected to ascertain that Section 7.27 hereof is not violated at the time of application. GRASS AND WEED ORDINANCE N0. 934 Page 3 SECTION II Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION III Penalty for Violation. Any person, firm or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $1,000.00. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION IV Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 28th day of July 1987; by a vote of 4 ayes, _0 nays and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City Council on the 11th day August of 1987; by a vote of 5 ayes, 0 nays and 0 abstentions. APPROVED: Harold Samuels, Mayor ATTEST: Kay Rainey, City(�ecretary GRASS AND WEED ORbINANCE N0. 934 Page 4 �j Kay Rainey, City(�ecretary GRASS AND WEED ORbINANCE N0. 934 Page 4 (0036a —msl) GRASS AND WEED ORDINANCE N0. 934 Page 5